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HomeMy WebLinkAboutWA-93-13The City of Wheat ADMINISTRATIVE PROCESS APPLICATION Rid~ra Department of Planning and Development b 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Applicant j)F}LF ..SL.~O.S~].'ER Address ~~~~. ~R-2L~n! phone ~Z~^.~'D~$' Owner~_~' ~~/9R6iNi+~ ~~S~~Addres's ~~~' t-Ti-rxLJg'l~ !~ :S"U~,~' Phone Location of request ~~ Type of action requested (check one or more of the actions listed below which pertain to your request.) Change of zone or zone conditions Site development plan approval Special use permit Conditional use permit Temporary use/building permit Minor subdivision Subdivision Preliminary Final ^ ** See attached procedural guide for specific requirements. Detailed of request Variance/Waiver Nonconforming use change Flood plain special exception Interpretation of code Zone line modification Public Improvement Exception Street vacation Miscellaneous plat Solid waste landfill/ mineral extraction permit ^ Other ~o g List all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee, optionee, etc. " ADDRESS PHONE ~NSK~'R .~stS.S ~apt~nr ~r ~t~.~_ I certify that the information and exhibits herewith submitted are true and correct to-the best of my knowledge and that 3n filing this application, I am acting with the knowledge and consent of those persons listed above, without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners must submit power-of-attorney from-the owner which approved of this actin on h~Behalf. Signature of Applicant ~~~~~ ~ ~~~~ i ~, Subscribed and sworn~to me this 2rj_"j77f da~y~/of ~ctGt.iST 19 ~_ --- - : i ~~ir~G-5/~? ~ /'~/ G~C.I~:a.aC~ dig Commission Expires aYlarch 11,1997 CITY OF WHEAT F:IDUE 75txi W a'jTH AVE. , ~'. 0. SOX 628 WI-TEAT RIDr,•E, C:OLO~ADO 8cir_~24 DATE FAID: SEF' rai, i582 E'ECEIVED FpOM: DALE SLENS}E;*: ~_ DESCRIC-'TION: E~OA AI`10UNT CHECY:: ASS?. C~~? CASH: ~U. Ut? C:HARC;E: ~~?. c?t? 1°IONEY OE'DER: ~G. CEO AMOUNT ;?Er_:EIVED: ~SCi,CiC~ OF'F? ID: AMW REr_.EIPT N0: 573'92 -/' RECOkCED IN ~UUh.(Y Uf JEFrr: ri50N STAN UF' CUWr;AllU yleviY.d 1v::,~ p7ARRANTY DEED~~~ THIS DEED, Made this day of Suly 16, 1993, between RUSH 0. STRINGFELLOW A^7D MARILYN M. STRINGFELLOW \O of the County of SEFFERBON and State of Colorado, granto r, and DALE e. SLENSKER AND VIRGINIA L. SLENSKEA whose legal address is 3855 HAALAN STREET WHEATRIDGE, CO, 80033 of the County of DF:FFEASON and State of COLORADO, grantees: VITA=55E: P., ttac the g:arc or, `or and is consideratior. aE the swr. o` 5173,50C.OC a^~OgA3E, e5 e`•eF esesc st tloes sufficiency of vhidt is he: eby ackcovledged, has grar.:ed, a=gamed, sole and conveyed, y grant, bargain, sell, ronvey and confirm coca the grarees, their heirs and assigns forever, not in tenancy in common trot is join[ tenancy, all the real propery, [ogecher vith improvements, iE any, situate, lying and be iry in the Coeng o'_ TcPFERSCN and State eE Colorado, described as iellavs: SEE EXHIBIT "A" ATTACHED HERETO r N :: J ~« ~ also known by street and number as 3855 HAALAN STREET WHEATRIDGE, CO. 80033 ^. Q:EI .R w to a;1 actl si cgciar [Ee 'ne:etli[anencs and appvrcerances [hereunto 'ce lorgi^.q, or !n acY+ise appe aai-ing and the xeversior. and reversions, rer+aintler and remainders, renu, issues and pxofics [hereof: and all :he escace, right, title, incexest, claim and demand vhatsoever of the grantor, either in lau or equity, oE, ir. and co tte above bacgained premises, rth tE.e heredicamenes and appurtenances. ~ t~•e a_.t •erznces, '-: to :ce sam v r ~ r r- does TO PAVE AVU TO tC:: =.`.! said pre.-_'ses o ere bargained and descriced, s teirs ant pea oral a^esen:ati ves, grantees, cce!:.".eirs a... assiq-s :crever. Aid t.".e g:ar.:o:, `ox F.i rse:E, chat a^ the tine of the cavern.^.c, 9=a'=~ ~rga:n-acd agree ca aM ui:F. the grantees, [he:r heirs a^d ass:g.^s, xre~ ensealinq antl delivery of these presents, he is ve 11 seized at ehe premises axve comreyed, Ens goad, sure, iR atsalu:e and indefeasible estate of irhericance, in lav, in fee simple, and has good right, foil pover and lavful authority to grant, bargain, sell and ronvey the same in manner and farm aforesaid, and that tF.e same ace Eree and clear frog a'_1 former and ether grants, bargains, sales, liens, tares, asses smen[s, ercwbrarces antl res:xiccions eE vhatevex kind or nature scever, EXCEPT F(Ai TAXE9 FOR THE CDRRENT YEAR, A LIEN BOT NOT YET D'JE CR PAYP3IE, EASL`BATS, RESTRICTIONS, COVENANTS AND RIGHTS-0?-WAY OF AECORO, IF ANY, The gsanc or shall and viL GARRA.vT AND FOREVER DEFEN7 the above-Eargained premises in the que; and peaceable possession of trt ehereol5~hehsicgulars°°'zhedzshall includetthe plural, eche plu:a'_othes50.gslaravand [he use~of eny vhole ox ary pa gender shall be applicable tm all genders. 1 IN WISAFES WnE0.EC.° [Ee g: a.-or has executed [his tleed or. the dot set or t.". abo e ' ~ ~~ V SH 0. ST `TTGEi.~ IJ ~' _----~---~ f1AAILY?yN. S: RIVE eLiAW/ ~ ~ ~~-~~- ST41TE'OF COLORADO. l )ss. gDIIN'TY' Qe"ner'",+A90N I The 2afeRai^rq instrnmer.: was ackravledged before mx this day of July 16, 199] by RDSR 0: ETAINr',FELLDX AW lGRILYN H. 6TRINGFELI.L'N ~~~' Ky Commission expi.ces 5/10/97 ~litness ml' hand a ofticial s 1. /~ i l ~ Rotary Public _ _ _ .. _ _ ,, DOC 921A Rev 3-SS WARRAATY DEED lta SoinC Tenants) CASEI 14958 ~ 'EXH161T A ~ ~.. L n THE :JEST 150 OF TAE SOUTH 66 nET OF THE NORTH 19S ?..`-RCE cgcT O? T6E NE1/?SEl/45E1/45'rll/4 OF S2CT_iO\ 2S, TO4fNSHIP - SOUT_H, RAI~`GE 69 41EST OF-THE 6TH P.M. PARCEL A THE NORTH 67 FEET OF THE SOUTH 132 'Fr'EET RIG ct 69 NE1/45E1/4SE1/<SiJl/4 OF SECTION 24,T0~•lNSH?? 3 SOG_'r., WEST OF THE 6TH ?.:4. TOGETHER WITH A EASEMENT OVER AVD ACROSS THE NORTH 15 I'EET CF THE SOUTH 65 FEET OF TT~6'NS IP 33 SOUTH, OF THE NE1/4SE.'./55E1/4SW1/9 OF SECTION 24, RANGE 69 WEST OF THE 6TH P.M., COUNTY OF JEFr^ERSON, STATE OF COLORADO. N 4 i 1 . _._.._.... t .. r.. s:nte'oe-coloAxDO ~ s:. COUNTY OF JElT'EAEON ~ The fdFe~ing ins:nucent xas acknoxledged 5efore ne this day aE July 16, 1993 uy RHSH 0. ETAINGFELLC41 AN7 WIRILYN M.. HTAINGFELLOW ri/' !fy Cow¢issien expires $/10/97 jrkness rry hoed official``s;al. ~ ~ Notary Public 92U Aev 7-H3 FAEAdhTY DEED fto Joint Teoacts) CdEEI 1495A DOC FEE S 17.35 ,;.. ^,y.. ;,IN,.. nw .. ,. ,. TE .~ 77fN]YElIEIIT LOGTIdI CERfIFIG •.F?, .., T RIDGE. COLORAD0 60033 -. "~" ~ ~ t ~ ~ ~ ~ LB.IW DESCRIPTION ~`~/:}$,,,.d'iYl£i' - t'~J :~ e.~y,:.~, yE pt' '.t i?4}'!1 ::~ t ~ ~. .r5~4. 4,?,,"r9 .,k"`"'~' . ~', Ji ': z. -.df ia-r Sn:?.e ~~.'~~ `4NE 1tEST"!5! OF TfIE SOUTH 6G FEET' OF THE NORTH i98 FEET OF THE NE i/4 SE i/4 SE 1/4 SW 1/4 OF SECTION 24, 1TAMSHIP 3 SOUTH, <'+"';' IIIWIESE 6$ TiEST OF TIE 6'TN P.N. ~' L~:~y~^L L :-,. rr. bt.t uP.: j" Phu ''r' i•e° If .. `N?" ,~ 'd~ y'. i .`. #~;.'r '..," ~', : t. ;{: ._ .. ,.: ~ :' ' ~, =r' ra be>. ° ~ ~ CIL"!' Tit NORTH 87 FEET OF THE 301TTM E32~FTiET OF THE LIE 1/4-~SE 1~4 SE Y/4~ Sft 1/4 bF SECTig7 2i, YONNSIitP 3 SOUTH, RAMGE 64 WEST ~'IiF TtiE lift P.N. TOGETHER WI1H A EASEMENT DYER AI6 ACROSS THE NORTH 15 FEET OF THE SOUTH 65 FEET OF 1HE Sd1TH 132 FEET OF THE NE 1/4 SE 1/i S£ 3/i SY 1/4 OF SECTI011 24, TOMISHIP 3 SOUTH, NNIGE 69 YESi OF THE 6TH P.M., COUNTY OF JEFFERSON, STATE OF COtORA00 CERTIFIGTIdI *~ ~ ,-'Y~.NENEIY CENttFY TENT THIS UIPROVEITENT LOCATICM CIOITIFIGTE itAS PREPARED FOR PROFESSIONAL MORTGAGE GROUP, 5299 OTC BOUlEYARO, 0i00b, COLORADO 80111, THE iMPROYETAEtTI LOCATTOM BEING BASED ON A PREVIOUS PROPERTY SURVEY THAT INS BEEN MONUMENTED BY OSTLERS, dt fo OIN rRDPERrtr SURVEY AT THE TINE I PREPARED THIS INPROrENENT locATION tERTIfiGTE, AND.THAT IT !S NOT A SURVEY PLAT OR 't11PROVEMENT SURVEY -IJ1i; AND TFIAT IT IS NOi TO BE RELIED UPON FOR THE ESTABLISNNENi OF FENCE, BlIIIDING OR OTHER FUTURE IMPROVEMENT LINES.-THE MFJlSI1REMENTS HEREON ARE lO +/- 0.5', AND THE FOUt~ PINS, CROSSES, FENCES AND/OR STREET R.O.W. WERE USED TO DETERMINE THE NOOSE LOCATidI. ~'I~T~l1A1ftR'CERTIFY'THAi TitE IMPROVEMENTS dl THE ABOVE DESCRIBED PARCEL ON THIS OATS, M.y I0, 1993 IXCEPT UTILITY CONNECTIONS, ARE ~- 13'iT11tEt1+ VI1lTIk ~TiIE BOIXIDARIES OF THE PARCEL, EICEPT AS SHOMN, THAT THERE ARE NO ENCROACHMENTS UPON THE DESCRIBED PREMISES BY 1fYSfiN ANY ADJOIMSNG PREMISES, EXCEPT AS INDIGTED. AND THAT THERE IS NO APPARENT EVIDENCE OR SIGN OF ANY EASEMENT CROSSING _,~°.- ~89R'fRlRiE#tING ANY PART OF SAYD PARCEL, EXCEPT AS NOTED, OR CONTAINED IN 171E TYTlE CO!liITNfNi ~OH FNSURANCE PDLItY, AHO SAID PROPERTY-- "~'{„ I$ NDF AFFECTED BY DITCHES. SAID PROPERTY IS IN FL000 ZONE C, tOM4A1TTY PANEL N0.8006] 190 B, AUGUST 5, 1986. CENSUS TRACT t'207.02 6 R,G a~ Tk ,.' ... .. ~. -'. - ', , ~ ' . 71CCDRifIR6 1'0'COLORA00 tAN Yd# MUST CCIl1EHCE ANY LEGAL ACTION BASED UPON ANY DEFECT fN THIS SUAVEY WITHIN THREE YEARS AFTER YOU FIRST -, -. 11'fSCDYER SUCH DEFECT. IN tq EVENT, W1Y ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY SE COFHENCED MORE THAN TEN YE11R5 FROM THE ,- ~ 'DATE OF CERTIFIGTION SIKriR! HEREON. .i. , d.FJIR'MOINIFAIN SURVEYING 19423 NORTH 7URICEY CREEK ROAD SUITE I MORRISOIf, COLORADO 80465 (303)697-8480 (303)697-8482 FAX SHEET 1 OF 2 ~~~~ livIPROVEti1EN'1' LOCATION CERTIFICATE 67.00' 66..00' PARCEL H ~ PARCEL A 0 0 0 r ~:K ~o w o (.+ µ W O FF . ..r.. ]ECEND ~ ~~r 'zr~ m ~>. ~ // p i /~~' ~~~~~ .'°.r" iii ~i 67.00" HARLAN STREET JOB N0. D289308 SCALE: 1" _ 50' SHEET 2 OF 2 ~ .~ ~ ~ 1 1 i Y Y Y I Y--i .. , i f~ I \~ 1 67.00' HARLAN STREET ~~ 32~ ~,o S~-~ JOB N0. D289308 SCALE.: SHEET 2 OF 2 1" = 50' ~_., ___..L_._ ~ Y • ~ g 3923 UI W 39Tk P.. i ~ 3990 -- {906 ~ ~ I ~ _ ~. ~~ 3935 3°`0 ___ 44 ~ ~' ~ ~ ~~ I ~ ~ 3989 ___ _ e990 E• ~ ~ $ °v ~ I ~ -11 -- 3969 - 341s 19 --- W 40TY5 n 39u v'TN AV2 W 3 I ' :aa: ,I OFF I G I ~L ®{1RF1 ~QI,;IRING SITE °LAN APPROVAL ~ I ~ t ~ A~ ZONING MAP ~~°, 100-YEAR FLOOD PLRIN , -'~; iAPPROXIMATE-COGATiONi J~j T /~` I I ~ ~ I ~ I ~ V ~ OT - BO NDRY o / - _ '""°'r~~~~"'°^~~_. _ ^x _ --- U ftRGEL L " °fTX GOLUR~hDC~ NESIGNATES O:JNERSHIP! - ' "`II 1iOp nr~.xn~nnr !9a-z -ORIGINAL SUBDIVISION LOT LINE - NOES NO? DcSIGNRTE OWNER"SNiP) j_'°"'~!~~a'6~s"i~~+I «~...~.~.,..,,.TSa,.w,.ao». G1?Y LIMiT LNE -' - - -WATER FEATURE ~ ... ~ R'--' G ~ ~ e I $ ~ ~ $ Faso i `~~ e NOTICE OF PUBLIC HEARING Notice is hereby given of a public hearing to be held before the Wheat Ridge Board of Adjustment on September 23, 1.993, at 7:30 P.M., at 7500-West 29th Avenue, Wheat Ridge, Colorado-_ -All interested citizens are invited to speak at the Public Hearing or submit written comments. The following petitions shall be heard: 1. Case No. TUP-93-7: A11 application by Kettelson Campers of Colorado for approval of a Temporary Use Permit to allow storage of products for sale on property located at and legally described as follows: Beginning at a point on the east right-of-way line of Kipling Street at the southwest corner of Village Motor Inn, which is south of I-70 (Book 2332, Page 608), all in the N1/2 of the NW1/4, NW1/4, Section 22, T3S, R69U1; of the 6th P.M.; thence south on the east .right-of-way line of Kipling Street a distance of 200' to a point; thence east a distance of 505.56' to a point; thence south a distance of 131.10' to a point on the north line of S1/2, S1/2, NW1/4, NW1/4 Section 22, T3S, R69W; thence east a distance of 151.17' to a point; thence north a distance of 333.93' to a point; thence west a distance of 656.73' to the point of beginning; less the west 300' thereof. Containing 2.09 acres more or less. 2. Case No. WA-93-1 :__An application by Dale Slensker for approval of a 390 square foot variance to allow a 990 square foot detached garage on property zoned Residential-Three. The property is located at 3855 Harlan Street and is legally described as follows: PARCEL A: The west 150 feet of the south 66 feet of the north 198 feet of the NE1/4, SE1/4, SE1/4, SW1/4 of Section 24, Township 3 South, Range 69 West of the 6TH P.M. PARCEL B: The north 67 feet of the south 132 feet of the NE1/4, SE1/4, SE1/4, SW1/4 of Section 24, Township 3 South, Range 69 West of the 6th P.M. together with an easement over and across the north 15 feet of the south 65 feet of the south 132 feet of the NE1/4, SE1/4, SE1/4, SW1/4 of Section 24, Township 3 South, Range 69 West of the 6th P.M., County of Jefferson, State of Colorado ATTEST: - - - ' --- Wanda Sang, City Clerk Mary L u Chapla, S cretary To be published: September 7, 1993 Wheat Ridge Sentinel P.O. ©OX 638 TELEPHONE: 303/277.6911 The City of 7500 WEST 29TH AVENUE • WHEAT RIOGE. COLOfiA00 800]3 cheat Ridge POSTING CERTIFICATION CASE NO. wA- ~- 13 SLE~SK£R _ PLANNING COMMISSION - CITY COUNCIL BOARD OF ADJUSTMENT (Circle One) HEARING DATE: S£ln"i'. ,~,3i ig93 I ~ !`7A L~ .SQL ~ntSK~ER , `' name residing atj~5~ #-IQ`(;LQ'l~! , ( a d d r e s s) as the applicant for Case No_ Wa ' 93"~3 , hereby certify that I have posted the Notice of Public Hearing at 3 SSS f }t~QtAN ( l o c a t i o n) rµ on this ~ day of S'~i r'£M$~lL. ~ ~g~,~ and do hereby certify that said sign has been posted and remained in place for fifteen (15) days prior to and including the scheduled day of public hearing of this case. The sign was posted in the position shown on the map below. Signature• ~~~ NOTE: This form must be submitted at the public hearing on this case and will be placed in the applicant's case file at the Department of Community Development. M A P P.O. BOX 638 TELEPHONE: 303/237-6944 The Cify of . 7500 WEST 29TH AVENUE • WHEAT RIDGE. COLORADO 80034 cWheat ~~ Ridge September 9, 1993 This is to inform you that Case No. request for WA-93-13 which is a a 330 square foot variance to allow a 990 square foot detached garage on property zoned Residential-Three for property located at 3385 Harlan Street will be heard by the Wheat Ridge HOARD OF ADJUSTMENT in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7:30 p.m. on September 23, 1993 All owners and/or their .legal counsel of the parcel under • _ _^ consideration must be present at this hearing before the BOARD OF ADJUSTMENT. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. It shall be the applicant's responsibility to notify any other persons whose presence is desired at this meeting. If you have any questions or desire to review any plans, please contact the Planning Division. Thank you. PLANNING DIVISION "The Carnation City" --, P 9L3 667 2L4 ~i 1 U) 4 ~ W 0 f o k I(t[k f ffflf ~I ~ II o ~~ O - - ~ m n rn v 1 '~ O f7 m 1 m 0 D r !~ ~ co u~+ a ~ ~ w m ~ m m a m ~ z g~ m o No m3 °F 1 f P 9L3 667 215 m m m m ~ z V N 0 3 V1 Z 0 0 0) N ~ (n W T _ p 10 3 f_5 ~ w w W ~ m m I I Z . -~- 3 _- D ~ S ° >> C1 y :°. (m0 O W ~ O 3 W 07 i O N Q N) O P 9L3 667 216 U1 ~ W ITI Z O R 4i N 9 9 A o ~' m H ~ W II ~ O 6 ~ ~ o m o F ~ $ ~ ~~ p m NO O m O S 0Y0 pp~~+++ 3 ~ g m ~ m pn ~1 b+ a ~ a " m \ ©IB ° :; ~ ~~ ~n ~ A ~O y O ~ _, ~ I I ~ IMPORTANT. PLACE STICKER AT TOP OF ENVELOPE TO THE RIGHT OF RETURN AOORESS. 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Q' w c.m ciz A y w ~' 3 w m ~o ~ N 4 ~ ~ p y O N LN' ~ N n ~ ~. m y w m w ` ~} '~ P 913 667 217 ~ U1 m m m V1 fl1 ~ m n ~ ~ m i z M $ W N ~ ~ ~tA z ~ ~ °v g $~ ~ m f`+. ~ ~ m ~~ P 913 667 218 ~ m m I 07 T1 1 n ~ m ~ -I Z n n ~ z O ca -~ ~ .: '~ 00 ^ ,~ ~ ~ Sy m P 913 667 219 ~ ~ 9 A T -I m y z ~ m < m A t W !I ~ I kf ~ ~~ o ~~~ ~ ~g~~ ~~ ~~ ~ ~N $ ° ~~ m ~ m m° i oe r+ a n= > m ~~ ~~ ~ ~ n° T a `~ I ( $ z` m ~ g k{ ~uli ~ g a ~ =1 btu D D <~ 3~3 rr~~ m w r° 1 iik l ~ \ it m ~ ~ A 'I1 v 3 a D ~ I i c m 1 ~ ~I ~ IMPORTANT. PLACE STICKER AT TOP OF ENVELOPE TO r THE RIGHT OF RETURN ADDRESS. i-_ .. _. _. ~ ~ c~~...g...m ~ ~ ~ ~ DNti$~D~~Ci CJS O ~ V 3 30~ ~ =~~m D~~E' ~ m `~ ~ tz~ m ~ ~A° ~HN i ~ ^.~ ~ N (l (]3 1 SZ -_ m 3 Q 3 J 0 m 0 -~ 0 _~ ~ ~w .~ ~. ~O a i -Mc ~''- m ~ ~ -- y M n N 990 QWr , O ~Arv Q6 n ~ o ~ ~ £'~~ ~ EwN ~ _ GPo ~ ~ ~o~ ~ :: ~ o ~ ~~d. ~ ~ ~ K F+ ,~9m R •, ~ ~ ~ ~ ' - ° ~ az ~ m ~~a'~~~ z m O `gym °" '~0 S m ~~`~"~ '~ 3 E ~' _6 ~~A9 l 1 6 . d ~ l A o mA N y ~ wf~ ' y 3 [n~ ~E } ~ o a9.d @ ~~ . S S !`7 B m a,3 w $RA tW fB3 awN ~~ +~ a ~ . ae t-+ ~ °a _ s : o ti a . _ ~ d m. ~ w ~ ' ~ ~ m ~ ~ z , ~ x ~ l JJ w 0 o rn n m O n m "-0_'I m v a T' P 913, 667 220 ,~ ~ -- o -~ ~ Cn Dl -Z1 g~!! yy ~ CO` O S1` m m y ~ m c m y ~ I "' "g f _m ~ ,~ ~ ._- ~ v~ n ~~aj. ^ ~~ o ~ 9 r 0 0~ m G ~g m m A ~Uf Cd im o y ~n r ~ ...~ y a o >, ~ o~ ~ ~ ( ~ a o m y Qim ~y _ s r o w _.. _ ~ \ I ._ ~, A a ~ m ~i i. ail m a ~ ---~ 2 o. ~. _ w~:,.~ I -~~ ~~ ~ ~~~« ~y ' _ _ m^`° ° ~~~ Y Ci~ m am3 u~ !$ m ° 3 R ra G 7 ~ 0 ~ ~ ~ ~ $ 3~j ~ Fla o,~ $ ~ a'o oP° . s~ c,a ~= b Gt O ~ `; ~ ~' a. ~. ~ ~~m ~~~ u ~ _.'~ ~ ~ ~ ID o _ . n fJ~ PO ~s_ a o E~ u +d M~~ ~ o v X38 ~~Q ~' ~ ~ a- ~ a ~ ~ 3, a o ~ m ~ D o lc~f <. -Ti Kul ~ m nn»o o m n a rD ZO ~- ' ^~~m 3 ' m L/ W m m .~-•~ ago < ]7 -I ~ o ~a2f ' . y ~' m m ° 171 ~ D -al ~ o w w a m m O °i ~~ N m ~ ~ Aa m ~. l LI ~ ~ y ^~ ~ ~ IMPORTANT! PLACE STICKER AT TOP OF ENVELOPE TO THE RIGHT OF RETURN ADDRESS. ~'i CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: BOARD OF ADJUSTMENT Date Prepared: Sept. 16, 1993 Date of Meeting: Sept. 23, 1993 Case Manager: Greg Moberg~l Case No. & Name: WA-93-13/SLENSKER Action Requested: A 390 square foot variance to the maximum area of 600 square-feet allowed for a detached garage in a Residential-Three zone district. ; Location of Request: 3855 Harlan Street Name & Address of Applicant: Dale Slensker 3855 Harlan Street Wheat Ridge, CO 80033 Name & Address of Owner(s): Same Approximate Area: 32,010 square feet Present Zoning: Residential-Three Present Land Use: Single-family residence Surrounding Zoning: N, ,~, E, & W: Residential-Three Surrounding Land Use: N & ~: Multiple-family residential E & W: Single-family Date Published: September 7, 1993 Date to be Posted: September 9, 1993 Date Legal Notices Sent: September 9, 1993 ------------------ ENTER INTO RECORD: ( ) Comprehensive. Plan (XX) Case File & Packet Materials (XX) Zoning Ordinance (XX) Slides , ( ) Subdivision Regulations (XX) Exhibits ( ) Other JURISDICTION The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore there is jurisdiction to hear. this case. BOARD OF ADJUSTMENT STAFF REPORT CASE NO. WA-93-13 REOUE5T The applicant is requesting approval of variance to the 600 square foot maximum detached garage in a Residential-Three purpose of this request is to allow the detached .garage. Page 2 a 390 square £oot area allowed for a zone district. The construction of a SITE The subject site has an approximate area of 32,010 square feet with an existing single-Family residence and additional shed/pool house structures on the property. As per Section 26-16(F), the applicant is allowed to construct a maximum of a 1,000 square foot detached garage per unit and 400 square feet of area allowed for sheds. Currently there is no detached garage on site but there is a shed totaling 320 square feet. in area. FINDINGS OF FACT No variance shall be granted unless the Board of Adjustment finds. based on evidence that: Can the property in question yield a reasonable return in use, service or income if permitted to be used, only under the conditions allowed by the regulations for the district in which it is located. Because the property has an existing residential use and denial of this request will not obstruct the continuation of the use, the property can yield a reasonable return, and will continue to if permitted to be used under the conditions allowed by the Residential-Three regulations. 2. Is the plight of the owner due to unique circumstances. A unique circumstance could be considered as the existing size of the parcel_is almost five times larger than the minimum area required for a single-family residence in a Residential-Three zone district. 3. If the variation were granted, would it alter the essential character of the locality. Though there are no detached garages over 600 square feet in the immediate area, the property is located very close to multiple family residential and commercial property and therefore, should not alter the essential character of the local neighborhood due to the large structures located on these properties. BOARD OF ADJUSTMENT STAFF REPORT CASE NO. WA-93-13 Page 3 4. Would the particular physical surroundings, shape or topographical condition of the specific property involved result in a particular hardship upon the owner as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out. There are no particular physical surrounding, shape or topographical conditions of the property involved that would result in a particular hardship. Therefore, this request is for the convenience of the owner to construct a garage larger than-what is allowed by the zoning district. 5. Would the conditions upon which the petition for a variation is based be applicable, generally, to the other property within the same zoning classification. The granting of this variance could result in the setting of a precedent for similar. requests though few properties within the City are of similar zoning, size and width. 6. Is the purpose of the variation based exclusively upon a desire to make more money out of the property. The purpose o£ this variance is not based exclusively upon the desire to make money. 7. The alleged difficulty or hardship has not been created by any person presently having an interest in the property; The applicant has not created any hardship. 8. Would the granting of the variation be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. The granting of this variance would not be detrimental or injurious to property or improvements within the neighborhood. 9. Would the proposed variation not impair the adequate supply of light and air to adjacent property or substantially increase the congestion in the public streets or increase the danger of fire or. endanger the public safety and substantially diminish or impair property values within the neighborhood. The granting of this variance would not impair the adequate supply of light or air to adjacent properties nor increase traffic congestion or endanger public safety. BOARD OF ADJUSTMENT STAFF REPORT CASE NO. WA-93-13 Page 4 CONCLUSIONS AND RECOMMENDATIONS Based on the preceding 'Findings of Fact', staff has reached the following conclusions: 1. A unique circumstance could be considered as the existing size of the parcel is almost five times larger than the minimum in a Residential-Three zone district; and 2. Though there are no detached garages over 600 square feet in the immediate area, the property is located very close to multiple family residential and commercial property and therefore, should not alter the essential character of the local neighborhood; and 3. The purpose of this variance is not based exclusively upon the desire to make money; and 4. The applicant has not created any hardship; and 5. The granting of this variance would not be detrimental or injurious to property or improvements within the neighborhood; and 6. The granting of this variance would not impair the adequate supply of light or air to adjacent properties nor increase traffic congestion or endanger public safety. Based on the conclusions derived from the preceding, staff would recommend that Case No. WA-93-13 be APPROVED. CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: September 23, 1993 Page 9 Board Member ABBOTT wanted to know if they would be using any guard dogs, and Mr. Porter answered no. No further questions were asked. Motion was made by Board Member ABBOTT that Case No. TUP-93- 7, an application by Ketelsen Campers, be APPROVED for the following reasons: 1. The proposed vehicle storage lot will not negatively affect the general_health, safety and welfare of persons residing or working in the area. 2. The lot will not affect adequate light and air, or cause - air, water or noise pollution for adjacent properties. 3. Since the lot will be gravelled, the.. existing permeability will remain the same, therefore there should be no negative affect on drainage in the area. 4. Adequate provisions for circulation within the lot have been made. There should be no problems with parking or loading. 5. The Temporary Use Permit will not overburden capacities of the existing streets, utilities, parks and schools. WITH THE FOLLOWING CONDITION: 1. The lot will be surrounded with a 6' high screening fence and shall be of the type and design approved by the Principal of Pennington Elementary. Motion was seconded by Board Member ROSSILLON. Motion carried 5-0. Resolution attached. D`~ - 3=1~: An application by Dale Slensker for approval of a 390 square foot variance to allow a 990 square foot detached garage on property zoned Residential-Three. The property is located at 3855 Harlan Street. Greg Moberg presented the staff report: All pertinent documents were entered into record, which Vice Chairman REYNOLDS accepted. No questions were asked of staff. Board Member ABBOTT stated for the record that he is an adjacent property owner but feels there is no reason for him to abstain from voting. The applicant, Dale Slensker, 3855 Harlan Street, was sworn in. Mr. Slensker stated he purchased the house this year. It is a gorgeous old home built in 1936, and the only major drawback in the home is the garage was built back when cars were much, much smaller. The garage ceiling is bout 6'1", so it is difficult to walk in much less park a car. CIT-Y OF WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: September 23, 1993 Page 10 Mr. S.Lensker needs a garage to park his personal vehicles, plus he and his wife both have motorcycles. He plans to get rid o£ the weeds and plant a few trees to make the property look better. , Board Member ROSSILLON asked how is this accessed, and Mr. Slensker replied there is.a 15' easement that goes to the back o£ the property. ______ No further questions were asked o£ Mr. Slensker. Motion was made by Board Member ROSSILLON that Case No. WA- 93-13, an application by Dale Slensker, be APPROVED for the following reasons: 1. The Board finds that based upon all .evidence presented and based upon the Board's conclusions relative to the nine specific questions to j_usti£y the variance, the evidence and facts in this case do support the granting of this request. 2. Staff recommends approval. Motion was seconded by Board Member DOOLEY. Motion carried 5-0.- Resolution attached. 5. CLOSE THE PUBLIC HEARING 6. OLD BUSINESS 7. NEW BUSINESS A. Approval o£ Minutes: Motion was made by Board Member ABBOTT, seconded by Board Member DOOLEY, that the minutes of July 22, 1993 be approved as printed. Motion carried 5-0. B. Motion was made by Board Member ABBOTT, seconded by Board Member DOOLEY, that a resolution stating their opposition to the number o£ political signs in violation of the Wheat Ridge Sign Code be forwarded on to City Council.. Motion carried 5-0. _ 8. ADJOURNMENT Motion was made by Board Member DOOLEY that the meeting be adjourned. Motion carried. Meeting was adjourned at 9:18 p.m. Mary o Chapla, S cretary CERTIFICATE OF RESOLUTION I, Mary Lou Chapla, Secretary to the City of Wheat Ridge Board of Adjustment, do hereby certify that the following Resolution was duly adopted in the City of Wheat ,Ridge, County of Jefferson, State of Colorado, on the 23rd day of ~ptember 1__993. CASE NO: WA-93-13 APPLICANT'S NAME: Dale Slensker LOCATION: 3855 Harlan Street Upon motion by Board Member ROSSILLON seconded by Board Member DOOLEY the following Resolution was stated. WHEREAS, the applicant was denied permission by an Administrative Officer; and WHEREAS, Board of Adjustment Application, Case No. WA-93-13 is an appeal to this Board from the decision of an Administrative Officer; and WHEREAS; the property has been posted the required 15 days by law and there WERE NO protests registered against it; and WHEREAS; the relief applied for MAY BE be granted without detriment to the public welfare and without substantially impairing the intent and purpose of the regulations governing the City of Wheat Ridge. NOW, THEREFORE, BE IT RESOLVED that Board of Adjustment Application Case No. WA-93-13 be and hereby is APPROVED. TYPE OF VARIANCE: A 390 square foot variance PURPOSE: To construct a 990 square foot detached garage FOR THE FOLLOWING REASONS: 1. The Board finds that based upon all evidence presented and based upon the Board's conclusions relative to the nine specific questions to justify the variance, the evidence and facts in this case do support the granting of this request. 2. Staff recommends approval. VOTE: YES: Abbott, Dooley, Junker, Reynolds and Rossillon NO: None DISPOSITION: Variance granted by a vote of 5-0. DATED this 23r day of September 1993. •",.~%6~,Gd` ~ jJ'2~iMES RE NOLD ' Vice Chairman Mary L u hapla, Se retary Board of Adjustment Board o Adjustment -soo WssT 29?H Av~NUE The City of P o. sox 638 WHEAT RIDGE. CC 3003-~C35 _ 3031 23~1~59!'~ (,~ x ~L a a} CityAami~. Fae«23~~592- Po6ceDeot Fax«23529-c - V~Y lll~~el October 6, 1993 Mr. Dale Slensker 3855 Harlan Street Wheat Ridge, CO 80033 Dear Mr. Slensker: Please be advised that your application for Case No. WA-93-13, to the Board of Adjustment was APPROVED on September 23, 1993, by a vote of 5 to 0. See attached resolution.. As per Section 26-6(D)(2)(d): "Expiration of variance: Any variance granted by the board of adjustment or planning director shall .automatically expire within one hundred eighty (180) days of the date it was granted, or within such other time as the board of adjustment or planning director may prescribe, unless a building permit for the variance is obtained within such period of time. If the building permit expires, the variance shall expire at the same time. Extensions of time may be granted for good cause shown, but only if an application for the extension is made prior to the expiration of the variance." As per the above section, your variance will expire on: March 21, 1994 If you have any questions, please feel free to call the Planning Department at 235-2852. Sincerely CITY OF WHEAT RIDGE PLANNING DEPARTMENT v